Labour Disputes
Texto da decisão
REF. FPSD-17991
Decision of the
Dispute Resolution Chamber
passed on 3 July 2025
regarding an employment-related dispute concerning the player
Edouard Michut
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Jorge GUTIÉRREZ (Costa Rica), Member
Michele COLUCCI (Italy), Member
CLAIMANT:
Edouard Michut, France
Represented by Franck Nicolleau
RESPONDENT:
Adana Demirspor A.S., Türkiye
Represented by Umur Varat
pg. 2
REF. FPSD-17991
I. Facts of the case
1.
On 15 September 2023, the French player Edouard Michut (hereinafter: the Claimant or the
Player) and the Turkish club Adana Demirspor A.S. (hereinafter: the Respondent or the Club)
concluded an employment contract (hereinafter: the Contract) valid as from its date of
signature until 30 June 2024.
2.
In accordance with the Contract, the Respondent undertook to pay the Claimant as follows:
“[…] I. 2023/2024 SEASON:
1) MONTHLY SALARY:
The yearly salary of the Player for season 2023/2024 shall be EUR 650,000 (six hundred fifty
thousand Euros) totally. The amount (650,000 Euro) shall be divided into 10 (ten) equal salaries
so Player's monthly salary shall be EUR 65,000 (sixty five [sic] thousand Euro) each month
(October 2023 - July 2024).
2) BONUSES:
2.1. If the player scores 10 (ten) goals and/or assists (goals+ assists) in official league matches
in the relevant season, the Club will pay a total of EUR 20,000 (twenty thousand Euros) to the
Player. If the bonus mentioned here becomes valid, the payment date will be 30 June.
2.2. If the player starts in the first 11 of at least 25 (twenty five [sic]) official league matches, EUR
25,000 (twenty five [sic] thousand Euros) will be paid. If the bonus mentioned here becomes
valid, the payment date will be 30 June.
2.3. Club shall pay EUR 25,000 (twenty five [sic] thousand Euros) in case of Club shall be ranked
4th place at the end of the 2023/2024 Super League rank table.
2.4. Club shall pay EUR 25,000 (twenty five [sic] thousand Euros) in case of Club shall be ranked
3rd place at the end of the 2023/2024 Super League rank table.
2.5. Club shall pay EUR 75,000 (seventy five [sic] thousand Euros) in case of Club shall be ranked
2nd place at the end of the 2023/2024 Super League rank table.
2.6. Club shall pay EUR 100,000 (one hundred thousand Euros) in case of Club shall become
champion at Turkish Trendyol Super League.
2.7. The above mentioned [sic] bonuses are not cumulative. If the Player deserves the bonus
listed in 2.6., the bonuses listed in 2.3., 2.4. and 2.5. will not be paid.
2.8. Club shall pay EUR 20,000 (twenty thousand Euros) in case of Club shall become champion
at Turkish Cup.
pg. 3
REF. FPSD-17991
II. CONTRACT EXTENSION OPTION:
If at the end of the season 2023/2024, the Player has played, as a starter or a substitute, at least
45 minutes per match in at least 7 (seven) matches with ADANA DEMIRSPQR's First Team in
Official Competitions.. [sic] the player's contract will automatically be extended for another 2
seasons. If the extension option of the contract is valid, the expiration date of the contract will
be 30.06.2026, if the option is not exercised, the contract will expire on 30.06.2024.
If the contract is extended until 30.06.2026, payments for the 2024/2025 and 2025/2026 seasons
will be as follows:
III. 2024/2025 SEASON:
1) MONTHLY SALARY:
The yearly salary of the Player for season 2024/2025 shall be EUR 700,000 (seven hundred
thousand Euros) totally. The amount (700,000 Euro) shall be divided into 10 (ten) equal salaries
so Player's monthly salary shall be EUR 70,000 (seventy thousand Euro) each month (October
2024 - July 2025).
2) BONUSES:
2.1. If the player scores 10 (ten) goals and/or assists (goals+ assists) in official league matches
in the relevant season, the Club will pay a total of EUR 20,000 (twenty thousand Euros) to the
Player. If the bonus mentioned here becomes valid, the payment date will be 30 June.
2.2. If the player starts in the first 11 of at least 25 (twenty five [sic]) official league matches, EUR
25,000 (twenty five thousand Euros) will be paid. If the bonus mentioned here becomes valid,
the payment date will be 30 June.
2.3. Club shall pay EUR 25,000 (twenty five [sic] thousand Euros) in case of Club shall be ranked
4th place at the end of the 2024/2025 Super League rank table.
2.4. Club shall pay EUR 25,000 (twenty five [sic] thousand Euros) in case of Club shall be ranked
3rd place at the end of the 2024/2025 Super League rank table.
2.5. Club shall pay EUR 75,000 (seventy five [sic] thousand Euros) in case of Club shall be ranked
2nd place at the end of the 2024/2025 Super League rank table.
2.6. Club shall pay EUR 100,000 (one hundred thousand Euros) in case of Club shall become
champion at Turkish Trendyol Super League.
2.7. The above mentioned [sic] bonuses are not cumulative. If the Player deserves the bonus
listed in 2.6., the bonuses listed in 2.3., 2.4.and2.5. will not be paid.
2.8. Club shall pay EUR 20,000 (twenty thousand Euros) in case of Club shall become champion
at Turkish Cup.
pg. 4
REF. FPSD-17991
IV. 2025/2026 SEASON:
1) MONTHLY SALARY:
The yearly salary of the Player for season 2025/2026 shall be EUR 750,000 (seven hundred fifty
thousand Euros) totally. The amount (750,000 Euro) shall be divided into 10 (ten) equal salaries
so Player's monthly salary shall be EUR 75,000 (seventy five [sic] thousand Euro) each month
(October 2025 - July 2026).
2) BONUSES:
2.1. If the player scores 10 (ten) goals and/or assists (goals+ assists) in official league matches
in the relevant season, the Club will pay a total of EUR 20,000 (twenty thousand Euros) to the
Player. If the bonus mentioned here becomes valid, the payment date will be 30 June.
2.2. If the player starts in the first 11 of at least 25 (twenty five [sic]) official league matches, EUR
25,000 (twenty five [sic] thousand Euros) will be paid. If the bonus mentioned here becomes
valid, the payment date will be 30 June.
2.3 Club shall pay EUR 25,000 (twenty five [sic] thousand Euros) in case of Club shall be ranked
4th place at the end of the 2025/2026 Super League rank table.
2.4. Club shall pay EUR 25,000 (twenty five thousand [sic] Euros) in case of Club shall be ranked
3rd place at the end of the 2025/2026 Super League rank table.
2.5. Club shall pay EUR 75,000 (seventy five thousand [sic] Euros) in case of Club shall be ranked
2nd place at the end of the 2025/2026 Super League rank table.
2.6. Club shall pay EUR 100,000 (one hundred thousand [sic] Euros) in case of Club shall become
champion at Turkish Trendyol Super League.
2.7. The above mentioned [sic] bonuses are not cumulative. If the Player deserves the bonus
listed in 2.6., the bonuses listed in 2.3., 2.4.and2.5. will not be paid.
2.8. Club shall pay EUR 20,000 (twenty thousand [sic] Euros) in case of Club shall become
champion at Turkish Cup. […]”
3.
In addition, the Contract stipulated the following:
“[…] 1) All amounts written above are NET payments. The remuneration to be paid to player
under this contract shall be net of any Turkish Taxes. To remunerate the player with the net
amounts, the club shall pay the withholding tax arising from the net remunerations of the player
under this contract to the tax office. In addition to the withholding tax, the club shall also cover
the amount of income tax the player is to pay in Turkey due to his income determined in this
contract, provided that player pays in his income tax and submits the proof of payments to the
club. Upon receiving the proof of payment made by the player for his income tax, the club, in 30
pg. 5
REF. FPSD-17991
days, shall pay the player an amount corresponding to the income tax paid by the player to the
tax office.
2) Season 2023/2024 Guarantee Bonus: EUR 115.000 (one hundred fifteen thousand Euro):
All extra bonuses that the player will receive from the team's win and draw, will be deducted
from the EUR 115,000 (one hundred fifteen thousand Euro) guarantee bonus. The remaining
amount from the balance guarantee bonus will be paid to the player on June 30, 2024.
If the contract expiry date is extended until 30.06.2026:
3) Season 2024/2025 Guarantee Bonus: EUR 115,000 (one hundred fifteen thousand Euro),
All extra bonuses that the player will receive from the team's win and
draw, will be deducted from the EUR 115,000 (one hundred fifteen thousand Euro) guarantee
bonus. The remaining amount from the balance guarantee bonus will be paid to the player on
June 30, 2025.
4) Season 2025/2026 Guarantee Bonus: EUR 115,000 (one hundred fifteen thousand Euro).
All extra bonuses that the player will receive from the team's win and draw, will be deducted
from the EUR 115,000 (one hundred fifteen thousand Euro) guarantee bonus. The remaining
amount from the balance guarantee bonus will be paid to the player on June 30, 2026.
5) The Club shall pay to the Player totally EUR 12,500 (twelve thousand five hundred Euro) for
each season to the Player for accommodation, car, flight ticket and other expenses. This
payment shall be divided into 10 (ten) equal instalments. Club shall pay EUR 1,250 (one
thousand two hundred fifty Euro) each month (from October until July) on the 30 of every month.
This payment shall be made only if Club and Player has a valid Contract on the payment date.
6) Player shall receive annual legal minimum wage. Total monthly payments and advance
payments of each season includes the minimum wages sum and when the annual payment of
the season is done, minimum wages considered paid as well.
7) Each monthly salary shall be paid to the Player until the last day of the month following the
month, for which the payment is made.
[…]
11) Payment made and to be made under the name of advance payment or monthly fee have
advance value shall be accepted as a receivable payment inconsequence of the duty of the Player
by the Club until the end of the relevant season. In case of a termination of the contract before
the duration of the contract (unilateral termination of the Player, unilateral termination of the
Club or mutual termination), the account of prorata shall be made. […]”
4.
On 22 May 2024, the Claimant signed the following declaration (hereinafter: the
Declaration):
pg. 6
REF. FPSD-17991
“[…] I accept, declare and undertake that as of 15.09.2023 and during the contract signed
between the parties dated 22.05.2024, all accomodation [sic] expenses incurred on behalf of
myself, my family and/or people related to me, exceeding the amounts specified in my contract
to be covered by the club, will be deducted from my contractual receivables. […]
5.
On 13 June 2024, the Claimant put the Respondent in default and requested payment
within 10 days of his outstanding remuneration.
6.
On 14 June 2024, the Respondent asked the Claimant to clarify the amount requested in
his default notice dated 13 June 2024.
7.
On the same day, i.e. 14 June 2024, the Claimant answered the latest correspondence from
the Respondent, noting that his outstanding remuneration amounts to EUR 254,461, i.e.
from October 2023 to May 2024.
8.
On 18 June 2024, the Respondent sent the following correspondence to the Claimant:
“[…] We have received your reply letter about Edouard Michut (Herein after “The Player”) dated
14 June 2024. You have calculated the Player’s unpaid fees. Regarding to your calculation the
Player would have received a total fee from Club which are October 2023 to May 2024 monthly
salaries (520.000 Euros) and eight months accommodation monthly fee (10.000 Euros) from
2023-2024 football season which is totally 530.000 Euros. However, your calculation for total
outstanding amount until the notice date is incorrect.
As you know, according to the Professional Football Player’s Contract which is between
15.09.2023 and 30.06.2024, there is a clause that specifies the due date of the monthly salaries.
The clause states that each monthly salary shall be paid to the Player until the last day of the
month following the month, for which the payment is made. Therefore, May 2024 salary was not
overdue yet on the date of the notice.
As of the notice date, the Player can only request October 2023 to April 2024 monthly salaries
which is totally 455.000 Euros from the Club regarding to the Professional Football Player
Contract for the season of 2023-2024.
Also, until the notice date the Player can only request October 2023 to May 2024
accommodation monthly fee which is totally 8.750 Euros from the Club regarding to the
Professional Football Player Contract for the season of 2023-2024.
On 22.05.2024, the Player signed a Declaration and its clearly stated that:
“All accommodation expenses incurred on behalf of myself, my family and/or people related to
me, exceeding the amounts specified in my contract to be covered by the club, will be deducted
from my contractual receivables.”
pg. 7
REF. FPSD-17991
In your latter (14 June 2024), you clearly state that the Club has already paid the sum of 226.250
Euros. The amount of 49.289 Euro has to be deducted regarding to Declaration and the
Professional Football Player Contract.
The Player would have received a total fee from Club until the notice date is 463.750 Euros.
It’s clearly seen that the Club has already paid 226.250 Euros and the Player’s declaration the
Club has already deducted 49.289 Euros. The amount to be deducted from the outstanding fees
are entitled to is 275.539 Euros.
As a result, according to the Club's calculations, the remaining amount of the Player's payments
so far is 188.211 Euros.
We will [sic] waiting for your approval and your silence will be accepted as acceptance. If you
have any question/objection about the calculation or the payments that has been made by the
Club, please do not hesitate to contact with us. […]”
9.
On 28 June 2024, the Respondent remitted EUR 190,000 to the Claimant.
10. On the same day, i.e. 28 June 2024, the Claimant asked the Respondent what the payment
of EUR 190,000 was for.
11. On the same day, i.e. 28 June 2024, the Respondent sent the following correspondence to
the Claimant:
“[…] We have received your notice about Edouard Michut (Herein after “The Player”) dated 13
June 2024. After that we sent you a notice and asked you to clarify the amount you requested to
be paid. On your letter dated 14 June 2024, you have asked for 254.461 Euro which includes
May 2024 monthly payment. We have responded you on 18 June 2024 and stated that May 2024
salary which is 65.000 Euro will be due on 30 June 2024 therefore you can not [sic] request it
and we clearly stated that according to our calculations we owe 188.211 Euro.
As of today, Club has paid totally 190.000 Euro. You may find the payment receipt in Annex-1.
On your letter dated 28 June 2024, you have asked us to explain why we have paid 190.000 Euro
instead of 188.211 Euro. The reason we have noticed that we made a error on our calculations.
The reason is; The clause which states “Monthly salaries will be paid until the last day of the
month following the month” covers only monthly payments. So we have added 1.250 Euro
regarding to May 2024 housing payment to the total amount.
The Player has no remaining receivables as of the date of the formal notice (13.06.2024). As a
result, Club fulfilled its obligation. The Player has no remaining receivables from the Club,
regarding to notice sent by the Player. We kindly inform you that in case of any termination, it
shall be a termination without just cause.
pg. 8
REF. FPSD-17991
We thank you for your understanding. Please do not hesitate to contact with us in case of any
questions. We will be waiting for your approval regarding to calculations. […]”
12. On 1 July 2024, the clause in the Contract providing for the extension of the employment
relationship between the Claimant and the Respondent until 30 June 2026 was activated.
13. On 1 August 2024, the Claimant put again the Respondent in default and requested
payment within 15 days of his outstanding remuneration, including his monthly salaries,
bonuses and accommodation allowances for the period from May 2024 to July 2024.
14. On 14 August 2024, the Claimant and the Respondent concluded an agreement
(hereinafter: the Agreement) regarding the payment of his monthly salaries, bonuses and
accommodation allowances.
15. The Agreement read as follows:
“[…] I, as a [sic] Edouard Michut, have sent a "Formal Notice" dated 1 August 2024 to Adana
Demirspor A.S. ln the relevant notice, I had given the Club until 16 August 2024 to make the
payments. However, following discussions held in a friendly manner with the Club, I accepted to
extend the time limit to that all the amounts which are I am entitled will be paid by the Club until
20 August 2024 (including 20th of August 2024). In this regard, I accept, declare, and undertake
that I do not have the right to terminate the contract related to the notification dated 1 August
2024 until 21 August 2024.
In order to be clear, if the remaining amounts according to the contract for 2023/2024 football
season which are specified below (monthly salaries, guarantee bonus and accommodation
payments) shall not paid to me until August 20th, 2024, (including 20th of August 2024) only
then I may terminate the contract on 21 August 2024 in accordance with the formal notice.
To avoid any difficulties, the amounts due are as follows:
- Salaries for May, June and July: €65,000 x 3 months = € 195,000
- Accommodation allowance for May, June and July: €1,250 x 3 months= €3,750
- Guarantee bonus: €115,000.
This gives a total of €313.750.
The Club acknowledges the amount of the sums thus due. […]”
16. On 20 August 2024, the Respondent proposed another agreement (hereinafter: the
Proposed Agreement) to the Claimant regarding the payment of his monthly salaries,
bonuses and accommodation allowances.
17. The Proposed Agreement read as follows:
“[…] Edouard Michut (herein “Player”) have sent a “Formal Notice” dated 1 August 2024 to Adana
Demirspor A.Ş. With the Club’s friendly approach, Player have agreed to be paid until 20 August
pg. 9
REF. FPSD-17991
2024. However, following discussions held in a friendly manner with the Club on the date of 20
August 2024, Player and the Club (herein “the parties”) reached an agreement as follows;
(i) Player accepts, declares and undertakes to extend the time limit to that all the outstanding
amounts which is totally 313.750 Euro (monthly salaries, guarantee bonus and accommodation
payments) will be paid by the Club until 1 September 2024 (including 1st of September 2024). In
this regard, Player accepts, declares, and undertakes that he does not have the right to
terminate the contract related to the notification dated 1 August 2024 until September 2nd 2024.
In return for this;
(ii) In case the Player brings a transfer fee of €1.500.000 (one million and five hundred thousand
euro) on or before 1 September 2024, as a transfer fee with a payment date of on or before
September 1st, the club accepts, declares and undertakes that Player will be released.
(iii) In case, article (ii) occurs, Parties accepts, declares and undertakes to terminate the
contract mutually in order to complete the transfer of the Player.
(iv) For the sake of clarity, if the player fails to bring the transfer fee of €1,500,000 with a
payment date of on or before 1 September and the club pays the player €313,750
outstanding amount until September 1st, 2024 (including September 1st 2024) the
contract between the player and the club will continue and remain same. […]”
18. On 21 August 2024, the Claimant terminated the Contract with the Respondent.
19. On 23 September 2024, the Claimant put the Respondent in default and requested
payment within 10 days of EUR 2,016,760, i.e. outstanding remuneration of EUR 313,760,
as well as compensation of EUR 1,703,000 for the breach of the Contract.
20. On 1 November 2024, the Player signed an employment contract with the Dutch club
Fortuna Sittard, valid as from 4 November 2024 until 30 June 2027.
21. According to the employment contract with Fortuna Sittard, the Player is entitled to (i) a
relocation fee of EUR 7,750; (ii) a monthly salary of EUR 22,500 in the season 2024/2025;
(iii) a monthly salary of EUR 29,166 in the season 2025/2026; and (iv) a monthly salary of
EUR 33,333 in the season 2026/2027.
II. Proceedings before FIFA
22. On 29 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
pg. 10
REF. FPSD-17991
a. Claim of the Claimant
23. In his claim, the Claimant argued that he terminated the Contract with just cause for
outstanding salaries.
24. Accordingly, the Claimant’s requests for relief were the following:
“ORDER ADANA DEMIRSPOR to pay Mr. Edouard MICHUT the sum of €313,760 for the 2023/2024
season in respect of outstanding wages
ORDER ADANA DEMIRSPOR to pay Mr Edouard MICHUT the sum of €825,500 for the 2024/2025
season in respect of wages owed or, alternatively, in respect of damages
ORDER ADANA DEMIRSPOR to pay Mr. Edouard MICHUT the sum of €877,500 for the 2025/2026
season in respect of wages owed or, alternatively, as damages
ORDER ADANA DEMIRSPOR to pay Mr Edouard MICHUT the sum of €775,000 as damages for the
financial and sporting loss suffered.”
(Freely translated from French)
b. Reply of the Respondent
25. In its reply, the Respondent argued that the Claimant did not terminate the Contract with
just cause. In this regard, the Respondent stated that the Claimant’s monthly salary of July
2024 was not yet due on 1 August 2024, pursuant to the wording of clause 7 of the Contract.
Therefore, it is the position of the Respondent that the Claimant requested an excessive
amount of EUR 65,000 in his default notice before terminating the Contract.
26. In addition, the Respondent referred to clause 11 of the Contract and argued that the
Player is only entitled to the pro rata remuneration corresponding to the number of days
worked. In this regard, the Respondent argued that the amount stipulated in the
Declaration should be deducted from his pro-rata remuneration.
27. Lastly, the Respondent argued that most of its revenues is in Turkish Lira and that it
therefore faces significant financial difficulties, especially due to the extreme rise of the
Euro against the depreciation of the Turkish Lira.
28. Considering the foregoing, the Respondent’s requests for relief were the following:
“1 - To REJECT all the claims of Claimant.
pg. 11
REF. FPSD-17991
2 - The Respondent requests that the number of days spent by the Claimant at the club be
calculated and that the amounts demanded by the Claimant and the applied pro rata after that
these amounts (in our calculation: 87.434 EUR) be reduced.
3 - To determine that the Claimant did not terminate the Contract with just cause
4 - Even if the termination is a termination with just cause the Respondent kindly requests that
the requested compensation amount shall be reduced 25.000 EUR because of the specific clause
of the Contract for the accommodation [sic], car and other expenses.
5 - If the Tribunal accept the Player’s termination as a termination with just cause, the requested
compensation amount shall be reduced at least 1.417.488 EUR.
6 - The Respondent respectfully requests that Football Tribunal to reject the amount of 775.000
EUR which is claimed as compensation for sporting and financial damage.
7 - The Respondent also requests that no sanctions be imposed to the Respondent due to the
economic decline resulting from the extraordinary depreciation of the TL against the EURO.
8 – To order to pay Claimant to pay legal expenses, judicial cost and attorney fee to the
Respondent.”
c. Replica of the Claimant
29. In his replica, the Claimant reiterated his initial position, noting that he terminated the
Contract with just cause and that the Respondent should have never exercised the clause
in the Contract for the extension of the employment relationship, as it did not have the
financial means to do so. In this regard, the Claimant argued that the behaviour of the
Respondent placed him in a difficult situation in which he could only find a less lucrative
employment contract with the Dutch club Fortuna Sittard. Therefore, it is the position of
the Claimant that the Respondent should be ordered to pay him the sum of EUR 775,000
in damages to compensate for the financial and sporting loss suffered.
d. Duplica of the Respondent
30. In its duplica, the Respondent reiterated its initial position, noting that if the Football
Tribunal determines that the termination of the Contract was with just cause, the
requested amount of compensation shall be reduced.
31. In addition, the Respondent stated that the clause in the Contract for the extension of the
employment relationship was activated automatically as the Claimant fulfilled its
conditions.
pg. 12
REF. FPSD-17991
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
32. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 29 January 2025 and submitted for decision
on 3 July 2025. Taking into account the wording of art. 31 and 34 of the January 2025 edition
of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules),
the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
33. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), the Dispute Resolution Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a French player and a Turkish club.
34. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand as
to the substance.
b. Burden of proof
35. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
c. Merits of the dispute
36. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
pg. 13
REF. FPSD-17991
i. Main legal discussion and considerations
37. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the justice of the early termination of the Contract by the
Claimant, based on the alleged non-payment of certain financial obligations by the
Respondent as per the Contract, in accordance with art. 14bis of the Regulations.
38. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
39. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
40. In the present matter, the Chamber noted that the Claimant claims not having received his
remuneration corresponding to his monthly salaries, bonuses and accommodation
allowances for the period from May 2024 to July 2024. Furthermore, the Chamber observed
that the Claimant has provided written evidence of having put the Respondent in default
on 1 August 2024, i.e. at least 15 days before unilaterally terminating the Contract on 21
August 2024.
41. For the sake of completeness, the Chamber also recalled the following wording of the
Agreement concluded on 14 August 2024:
“[…] I, as a [sic] Edouard Michut, have sent a "Formal Notice" dated 1 August 2024 to Adana
Demirspor A.S. ln the relevant notice, I had given the Club until 16 August 2024 to make the
payments. However, following discussions held in a friendly manner with the Club, I accepted to
extend the time limit to that all the amounts which are I am entitled will be paid by the Club until
20 August 2024 (including 20th of August 2024). In this regard, I accept, declare, and undertake
that I do not have the right to terminate the contract related to the notification dated 1 August
2024 until 21 August 2024.
In order to be clear, if the remaining amounts according to the contract for 2023/2024 football
season which are specified below (monthly salaries, guarantee bonus and accommodation
payments) shall not paid to me until August 20th, 2024, (including 20th of August 2024) only
then I may terminate the contract on 21 August 2024 in accordance with the formal notice.
To avoid any difficulties, the amounts due are as follows:
- Salaries for May, June and July: €65,000 x 3 months = € 195,000
- Accommodation allowance for May, June and July: €1,250 x 3 months= €3,750
- Guarantee bonus: €115,000.
pg. 14
REF. FPSD-17991
This gives a total of €313.750.
The Club acknowledges the amount of the sums thus due. […]”
42. In continuation, the Chamber noted that, in the case at hand, the Respondent bore the
burden of proving that it indeed complied with the financial terms of the Contract
concluded between the parties. Nonetheless, the Respondent failed to provide any
evidence to prove the payment of the amounts claimed as outstanding by the Claimant.
43. At this point, the Chamber pointed out that the Club provided some evidence regarding
the depreciation of its national currency to justify its alleged financial difficulties.
Nevertheless, the Chamber held that the Club failed to prove that, because of such
depreciation, it was unable to meet its obligations. Moreover, the Chamber recalled the
longstanding jurisprudence of the Football Tribunal, according to which financial difficulties
are not a valid justification for non-payment of contractually agreed amounts.
44. Thus, the Chamber concluded that the Claimant had a just cause to unilaterally terminate
the Contract, based on art. 14bis of the Regulations and the Agreement, as he had more
than two outstanding monthly salaries on 21 August 2024.
ii. Consequences
45. Having stated the above, the Chamber turned its attention to the question of the
consequences arising from the breach of the Contract committed by the Respondent.
46. The Chamber observed that the outstanding remuneration at the time of termination of
the Contract, coupled with the specific requests for relief of the Player, are equivalent to
EUR 313,750 as stipulated in the Agreement dated 14 August 2024, which supersedes the
Declaration dated 22 May 2024.
47. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant EUR 313,750, i.e.
the following amounts which were outstanding under the Contract at the moment of its
termination:
•
EUR 195,000 as the monthly salaries from May 2024 until July 2024;
•
EUR 115,000 as the bonus due on 30 June 2024; and
•
EUR 3,750 as the monthly allowances for accommodation, car, flight ticket and other
expenses from May 2024 until July 2024.
48. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Respondent in the case at stake. In doing so, the Chamber
firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the amount
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REF. FPSD-17991
of compensation shall be calculated, in particular and unless otherwise provided for in the
contract at the basis of the dispute, taking into account the damage suffered, according to
the “positive interest” principle, having regard for the individual facts and circumstances of
each case, and with due consideration for the law of the country concerned.
49. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
50. As a consequence, the members of the Chamber determined that the amount of
compensation payable by the club to the player had to be assessed in application of the
other parameters set out in art. 17, par. 1 of the Regulations. In this respect, the Chamber
recalled that, as a general rule, the compensation to be paid to the player by the club shall
be equal to the residual value of the contract that was prematurely terminated, unless the
player signed a new contract following the termination of his previous contract (cf. art. 17
par. 1 lit. i)).
51. Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Claimant under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of EUR 1,705,000, i.e. the residual value of the Contract (from
October 2024 until July 2025 and from October 2025 until July 2026), serves as the basis for
the determination of the amount of compensation for its breach.
52. In continuation, the Chamber verified as to whether the Claimant had signed an
employment contract with another club during the relevant period of time, by means of
which he would have been enabled to reduce his loss of income. According to the constant
practice of the DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration
under a new employment contract shall be taken into account in the calculation of the
amount of compensation for breach of contract in connection with the player’s general
obligation to mitigate his damages.
53. Indeed, the Player found employment with the Dutch club Fortuna Sittard. In accordance
with the pertinent employment contract, the Player is entitled to (i) a relocation fee of EUR
7,750; (ii) a monthly salary of EUR 22,500 in the season 2024/2025; (iii) a monthly salary of
EUR 29,166 in the season 2025/2026; and (iv) a monthly salary of EUR 33,333 in the season
2026/2027. Therefore, the Chamber concluded that the Claimant mitigated his damages in
the total amount of EUR 537,742 from November 2024 until June 2026.
54. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
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REF. FPSD-17991
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the Contract
termination took place due to said reason, i.e. overdue payables by the Respondent, and
therefore decided that the Claimant shall receive additional compensation.
55. In this respect, the DRC decided to award the Claimant the additional amount of
compensation of EUR 195,000, i.e. three times his monthly salary in the season 2023/2024.
56. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Respondent must pay the amount of
EUR 1,362,258 to the Claimant (i.e. EUR 1,705,000 minus EUR 537,742 plus EUR 195,000),
which was to be considered a reasonable and justified amount of compensation for breach
of the Contract in the present matter.
57. Lastly, the Chamber rejected the Player’s claim for damages for the financial and sporting
loss suffered due to a lack of legal basis. In fact, the Chamber noted that the Claimant did
not provide any evidence or justification regarding the alleged damages suffered, or their
quantification (art. 13 par. 5 of the Procedural Rules).
iii. Compliance with monetary decisions
58. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
59. In this regard, the DRC highlighted that, against clubs, the consequence of the failure to
pay the relevant amounts in due time shall consist of a ban from registering any new
players, either nationally or internationally, up until the due amounts are paid. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
60. Notwithstanding the above, the Chamber wished to remark that in accordance with art. 24
par. 3 of the Regulations, the aforementioned consequences may be excluded where the
pertinent FIFA deciding body has already imposed on the same party a sporting sanction
on the basis of article 12bis, 17 or 18quater of the Regulations.
61. In this respect, the Chamber recalled that by means of a decision of the Football Tribunal
passed on date 23 September 2024 and notified on 4 November 2024, a transfer ban has
been imposed on the Respondent pursuant to art. 17 par. 4 of the Regulations, namely in
the case FPSD-14997.
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REF. FPSD-17991
62. Accordingly, the Chamber established that in casu art. 24 par. 2 of the Regulations shall not
apply, insofar as in case the Respondent fails to comply with the decision at hand, the
application of a further ban from registering any new players on top of the one already
being served by the Respondent would be moot and against the spirit of the Regulations,
in particularly the enforcement mechanism established under art. 24 of the Regulations.
63. In view of the above, the Chamber decided that if the aforementioned sum plus interest is
not paid within 30 days of notification of this decision, the present matter shall be
submitted, upon request of the Claimant, to the FIFA Disciplinary Committee for its
consideration and formal decision.
64. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
d. Costs
65. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
66. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
67. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-17991
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Edouard Michut, is partially accepted.
2.
The Respondent, Adana Demirspor A.S., must pay to the Claimant the following amounts:
- EUR 313,750 as outstanding remuneration; and
- EUR 1,362,258 as compensation for breach of contract.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
If full payment (including all applicable interest) is not made within 30 days of notification
of this decision, the present matter will be submitted, upon request of the Claimant, to the
FIFA Disciplinary Committee.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-17991
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION:
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 20